So, here’s the deal: I’m in the process of buying a property in Niagara County, NY. Everything seemed on the up and up based on what I saw in the listing, tax records, and online maps – all pointing to a nice, spacious 2-acre lot. My offer was made with that assumption in mind. The property was advertised as 2 acres with dimensions of 52 ft × 750 ft, which was also reflected in the purchase contract, albeit without explicitly stating the acreage. However, upon receiving the survey just days before closing, it turns out the lot is actually 1.3 acres, split almost down the middle.
After doing some digging, I uncovered that the lot split was officially filed with the county in June 2025, with a correction being finalized in August 2025. The city received and processed this information on Sept. 19, 2025, which was after I had signed the purchase contract on Sept. 15. The surveyor informed me that the survey was conducted back in January 2025, well before the property was listed. None of this crucial information regarding the reduced acreage was disclosed by the seller, the realtor, or the listing materials, all of which continued to represent the lot as roughly 2 acres.
In a bit of a panic, I reached out to everyone I could think of – the realtor, the survey company, the city, and the county tax assessor – and after cross-referencing all the facts, it became clear that the property had been downsized months before I even made an offer, without any disclosure. Frustratingly, after consulting with my attorney, the advice I got was pretty blunt: “Take it or leave it.”
Now, I’m left pondering some key questions: Does this situation constitute material misrepresentation or nondisclosure under NY law? What legal options do I still have at my disposal before the closing date? What’s a reasonable ask in terms of a credit or price reduction for the missing 0.7 acres that were initially promised but don’t actually exist? And could the listing agent be held accountable for promoting an outdated and incorrect lot size?
I’m on the lookout for any guidance or shared experiences from folks who have been through something similar because, let’s be real, this feels like a major hiccup that shouldn’t just be brushed aside. To add some context, this property is for investment purposes, not as